HE 

Nfel 


BANCROFT 

LIBRARY 

♦ 

THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 


i 


// 


UNITED  STATES 


•A-ISTO 


STATE    LEGISLATION 


1884. 


B.  O.  POLKINHORN,  PRINTER,  WASHINGTON,  D.  C. 


BANCROFT 
LIBRARY 


THE   CHARTER. 


July  2, 1864.  13 
AN  ACT  granting  Lands  to  aid  in  the  Construction  of  a  Railroad  and  Stat.,  at  large 
Telegraph  Line  from  Lake  Superior  to  Puget's  Sound,  on  the  Pa-  3<b- 
cific  Coast,  by  the  Northern  Route. 

Be  it  enacted  by  the  Senate^  and  House  of  Representatives  cific   Kaiiroad 
of  the  United  States  of  America  in  Congress  assembled,  That  oorporafod. 

'  u  '  Names  of  cor- 

Eichard  D.  Rice,  John  A.  Poore,  Samuel  P.  Strickland,  poraiors. 
Samuel  C.Fessenden,  Charles  P.Kimball,  Augustine  Haines, 
Edwin  R.  W.  Wiggin,  Anson  P.  Morrill,  Samuel  J.  Ander- 
son, of  Maine;  Willard  Sears,  I.  S.  Wifchington.  Josiah 
Perham,  James  M.  Becket,  A.  W.  Banfield,  Abiel  Abbott, 
John  Newell,  Austin  L.  Rogers,  Nathaniel  Greene,  Jr., 
Oliver  Frost,  John  A.  Bass,  John  0.  Bresbrey,  George 
Shiverick,  Edward  Tyler,  Filander  J.  Forristall,  Ivory  H. 
Pope,  of  Massachusetts;  George  Opdyke,  Fairley  Holmes, 
John  Huggins,  Philander  Reed,  George  Briggs,  Chauncy 
Vibbard,  John  C.Fremont,  of  New  York;  Ephraim  Marsh, 
John  P.  Jackson,  Jr.,  of  New  Jersey;  S.  M.  Felton,  John 
Toy,  0.  J.  Dickey,  B.  F.  Archer,  G.  W.  Cass,  J.  Edgar 
Thompson,  John  A.  Green,  of  Pennsylvania;  T.  M.  Allyn, 
Moses  W.  Wilson,  Horace  Whittaker,  Ira  Bliss,  of  Con- 
necticut; Joseph  A.  Gilmore,  Onslow  Stearns,  E.  P.  Emer- 
son, Frederick  Smyth,  William  E.  Chandler,  of  New  Hamp- 
shire; Cyrus  Aldrich,  H.  M.  Rice,  John  McKusick,  H.  C. 
Waite,  Stephen  Miller,  of  Minnesota;  E.  A.  Chapin,  John 
Gregory  Smith,  George  Merrill,  of  Vermont;  James  Y. 
Smith,  William  S.  Slater,  Isaac  H.  Southwick,  Earl  P. 
Mason,  of  Rhode  Island;  Seth  Fuller,  William  Kellogg, 
U.  S.  Grant,  William  B.  Ogden,  William  G.  Greene,  Leon- 

h  e  aa*?/ 


ard  Sweat,  Henry  W.  Blodgett,  Porter  Sheldon,  of  Illinois; 
J.  M.  "Winchell,  Elsvvorth  Cheesebrough,  James  S.  Emery, 
of  Kansas;  Richard  F.  Perkins,  Eiehard  Chenery,  Samuel 
Braonan,  George  Eowland,  Henry  Piatt,  of  California ;  Wil- 
liam F.  Mercer,  James  W.  Brownley,  of  Virginia;  John  H. 
B.  Latrobe,  W.  Prescott  Smith,  of  Maryland;  Greenbury 
Slack,  A.J.  Boreman,  of  West  Virginia;  Thomas  E.  Bram- 
lette,  Frank  Shorin,  of  Kentucky;  John  Brough,  John  A. 
Bingham,  Orau  Follett,  John  Gardner,  S.  S.  L'Hoinmedieu, 
Harrison  G.  Blake,  Philo  Chamberlin,  of  Ohio;  John  A. 
Duncan,  Samuel  M.  Harrington,  of  Delaware ;  Thomas  A. 
Morris,  Jesse  L.Williams,  of  Indiana;  Samuel  L.  Case, 
Henry  L.  Hall,  David  H.  Jerbme,  Thomas  D.  Gilbert,  C. 
A.  Trowbridge,  of  Michigan  ;  Edward  H.Broadhead,  Alex- 
ander Mitchell,   Benjamin  Ferguson,  Levi  Sterling, 

Marshall, of  Wisconsin;  J. C.  Ainsworth. Orlando  Humason, 
H.  W.  Corbett,  Henry  Failling,  of  Oregon;  J.  B.  S.  Todd, 
M.  K.  Armstrong,  J.  Shaw  Gregory,  J.  Le  Berge,  of  Dakota 
Territory;  John  Mullen,  Anson  G.  Henry,  S.  D.  Smith, 
Charles  Terry,  of  Washington  Territory;  H.  W.  Starr, 
Piatt  Smith,  Nixon  Denton,  William  Leigh  ton,  B.  F.Allen, 
Beuben  Noble,  John  L.  Davies,  of  Iowa;  Willard  P.  Hall, 
George  R.  Smith,  H.  Gayle  King,  John  C.  Sergeant,  of 
Missouri;  William  H.  Wallace,  of  Idaho  Territory  ;  J.  H. 
Lathrop,  Henry  D.  Cooke,  H.  E.  Merrick,  of  the  District 
of  Columbia,  and  all  such  other  persons  who  shall  or  may 
Grant  of  fran- be  associated  with   them,  and  their   successors,  are  hereby 

chises. 

created  and  erected  into  a  body  corporate  and  politic,  in 
deed  and  in  law,  by  the  name. style  and  title  of  the  "North- 
ern Pacific  Railroad  Company,"  and  by  that  name  shall 
have  perpetual  succession,  and  shall  be  able  to  sue  and  to 
be  sued,  plead  and  be  impleaded,  defend  and  be  defended, 
in  all  courts  of  law  and  equity  within  the  United  States, 
May  lay  out,  and  may  make  and  have  a  common  seal.     And  said  cor- 

&c,  a  railroad  J 

fine  teleifraph  poration  is  hereby  authorized  and   empowered  to  lay  out, 
locate,  construct,  furnish,  maintain,  and  enjoy  a  continuous 


3 

railroad  and  telegraph  line,  with  the  appurtenances,  namely, 
beginning  at  a  point  on  Lake  Superior,  in  the  State  of 
Minnesota   or  Wisconsin;    thence    westerly  by  the    most 
eligible  railroad  route,  as  shall  be  determined  by  said  com- 
pany, within  the  territory  of  the  United  States,  on  a  line 
north  of  the  forty-fifth  degree  of  latitude  to  some  point  on 
Puget's  Sound,  with  a  branch,  via  the'valley  of  the  Colum- 
bia River,  to  a  point  at  or  near  Portland,  in  the  State  of 
Oregon,  leaving  the  main  trunk-line  at  the  most  suitable 
place,  not  more  than  three  hundred  miles  from  its  western 
terminus;  and  is  hereby  vested  with  all  the  powers,  privi- 
leges, and  immunities  necessary  to    carry  into    effect  the 
purposes  of  this  act  as  herein  set  forth.     The  capital  stock  capital  stock, 
of  said  company  shall  consist  of  one  million  shares  of  one 
hundred  dollars  each,  which  shall  in  all  respects  be  deemed 
personal  property,  and  shall  be  transferable  in  such  manner 
as  the  by-laws  of  said  corporation  shall  provide.     The  per- 
sons hereinbefore  named   are  hereby  appointed  commis- 
sioners, and  shall  be  called  the  board  of  commissioners  of  commission- 
the  "Northern   Pacific   Railroad    Company,"   and    fifteen 
shall  constitu[t]e  a  quorum  for  the  transaction  of  business. 
The  first  meeting  of  said  board  of  commissioners  shall  be  ^j.rsJ  comSS 
held  at  the  Melodion  Hall,  in  the  City  of  Boston,  at  such  8ioners- 
time  as  any  five  commissioners  herein  named  from  Massa- 
chusetts shall  appoint,  not  more  than  three  months  after 
the  passage  of  this  act,  notice  of  which  shall  be  given  by 
theai  to  the  other  commissioners  by  publishing  said  notice 
in  at  least  one  daily  newspaper  in  the  cities  of  Boston,  New 
York,  Philadelphia,  Cincinnati,  Milwaukee,  and  Chicago, 
once  a  week  at  least  four  weeks  previous  to  the  day  of 
meeting.      Said  board  shall  organize  by  the  choice  from  its 
number  of  a  president,  vice-president,  secretary,  and  treas-  officers,  &c 
urer,  and  they  shall  require  from  said  treasurer  such  bonds 
as  may  be  deemed  proper,  and  may  from  time  to  time  in- 
crease the  amount  thereof  as  they  may  deem  proper.     The 
secretary  shall  be  sworn  to  the  faithful  performance  of  his 


duties,  and  such  oath  shall  be  entered  upon  the  records  of 
the  company,  signed  by  him,  and  the  oath  verified  thereon. 
The  president  and  secretary  of  said  board  shall  in  like 
manner  call  all  other  meetings,  naming  the  time  and  place 
thereof.  It  shall  be  the  duty  of  said  board  of  commission- 
ers to  open  books,  or  cause  books  to  be  opened,  at  such 

Books  of  sub-    .  ,     .  .  .       .  .»  -,  •       Ai 

scription.  times  and  in  such  principal  cities,  or  other  places  in  the 
United  States,  as  they,  or  a  quorum  of  them,  shall  deter- 
mine, within  six  months  after  the  passage  of  this  act,  to 
receive  subscriptions  to  the  capital  stock  of  said  corpora- 
tion, and  a  cash  payment  often  per  centum  on  all  subscrip- 
tions and  to  receipt  therefor.  So  soon  as  twenty  thousand 
shares  shall  in  good  faith  be  subscribed  for,  and  ten  dollars 
per  share  actually  paid  into  the  treasury  of  the  company, 
the  said  president  and  secretary  of  said  board  of  commis- 

of  subscribers  sioners  shall  appoint  a  time  and  place  for  the  first  meeting 
of  the  subscribers  to  the  stock  of  said  company,  and  shall 
give  notice  thereof  in  at  least  one  newspaper  in  each  State 
in  which  subscription  books  have  been  opened,  at  least  fif- 
teen days  previous  to  to  the  day  of  meeting,  and  such  sub- 
scribers as  shall  attend  the  meeting  so  called,  either  in 
person  or  by  lawful  proxy,  then  and  there  shall  elect  by 

Directors.  "ballot  thirteen  directors  for  said  corporation;  and  in  such 
election  each  share  of  said  capital  stock  shall  entitle  the 
owner  thereof  to  one  vote.  The  president  and  secretary  of 
the  board  of  commissioners,  and,  in  case  of  their  absence  or 
inability,  any  two  of  the  officers  of  said  board  shall  act  as 

inspectors  of  inspectors  of  said  election,  and   shall  certify,  under  their 

election.  r  .  .  . 

hands,  the  names  of   the  directors  elected  at  said  meeting; 

and  the  said   commissioners,  treasurer  and  secretary  shall 

ererato1Sdei"ver  tnen  deliver  over  to  said  directors  all  the  properties,  sub- 

booksf&c!0 r 8  scription  books  and  other  books  in  their  possession,  and 

thereupon  the  duties  of  said  commissioners,  and  the  officers 

previously  appointed  by  them,  shall  cease  and  determine 

forever,  and   thereafter   the  stockholders   shall   constitute 

Annual  meet- sa  id  body  politic  and  corporate.     Annual  meetings  of  the 

ings. 


stockholders  of  the  said  corporation  for  the  choice  of  offi- 
cers (when  they  are  to  be  chosen)  and  for  the  transaction 
of  business,  shall  be  holden  at  such  time  and  place  and 
tipon  such  notice  as  may  be  prescribed  in  the  by-laws. 

Sec.  2.  And  be  it  further  enacted,  That  the  right  of  way 
through  the  public  lands  be,  and  the  same  is  hereby,  granted  Grant  of  right 
to  said  "  Northern   Pacific  Eailroad  Company,"  its  succes- 
sors and  assigns,  for  the  construction  of  a  railroad  and  tele- 
graph as  proposed ;  and  the  right,  power,  and  authority  is 
hereby  given  to  said  corporation  to  take  from   the  public 
lands  adjacent  to  the  line  of  said  road,  materials  of  earth, 
stone,   timber,   and   so  forth,  for  the  construction  thereof,  construction. 
Said  way  is  granted  to  said  railroad  to  the  extent  of  two 
hundred  feet  in  width^on  each  side  of  said  railroad  where  it 
may  pass  through  the  public  domain,  including  all  neces- 
sary ground  for  station  buildings,  workshops,  depots,  ma- 
chine shops,   switches,  side   tracks,  turn-tables  and  water- 
stations;  and  the  right  of  way  shall  be  exempt  from  taxa- 
tion  within    the   territories   of  the    United    States.     The 
United  States  shalJ  extinguish,  as  rapidly  as  may  be  con- 
sistent with  public  policy  and  the  welfare  of  the  said  In-  belStin^ufstS 
dians,  the  Indian  titles  to  all  lands  falling  under  the  opera- ed- 
tion  of  this  act,  and  acquiredin  the  donation  to  the  [road] 
named  in  this  bill. 

Sec.  3.  And  be  it  further  enacted,    That  there  be,  and  n      ,    .     . 

'  Grant  of  put>- 

hereby  is,  granted  to  the  "  Northern  Pacific  Eailroad  Com- lic  lands- 
pany,"  its  successors  and  assigns,  for  the  purpose  of  aiding 
in  the  construction  of  said  railroad  and  telegraph  line 
to  the  Pacific  coast,  and  to  secure  the  safe  and  speedy  trans- 
portation of  the  mails,  troops,  munitions  of  war,  and  pub- 
lic stores  over  the  route  of  said  line  of  railway,  every  alter- 
nate section  of  public  land,  not  mineral,  designated  by  odd 
numbers,  to  the  amount  of  twenty  alternate  sections  per 
mile,  on  each  side  of  said  railroad  line,  as  said  company 
may  adopt,   through  the  territories  of  the  United  States, 


6 


Indemnity. 


Provisos. 


and  ten  alternate  sections  of  land  per  mile  on  each  side  of 
said  railroad  whenever  it  passes  through  any  State,  and 
whenever  on  the  line  thereof,  the  United  States  have  fall 
title,  not  reserved,  sold,  granted,  or  otherwise  appropriated, 
and  free  from  pre-emption  or  other  claims  or  rights  at  the 
time  the  line  of  said  road  is  definitely  fixed,  and  a  plat 
thereof  filed  in  the  office  of  the  commissioner  of  the  general 
land  office;  and  whenever,  prior  to  said  time,  any  of  said 
sections  or  parts  of  sections  shall  have  been  granted,  sold, 
reserved,  occupied  by  homestead  settlers,  or  pre-empted  or 
otherwise  disposed  of,  other  lands  shall  be  selected  by  said 
company  in  lieu  thereof,  under  the  direction  of  the  Secre- 
tary of  the  Interior  in  alternate  sections  and  designated  by 
odd  numbers,  not  more  than  ten  mi^s  beyond  the  limits  of 
said  alternate  sections :  Provided,  That  if  said  route  shall 
be  found  upon  the  line  of  any  other  railroad  route  to  aid 
in  the  construction  of  which  lands  have  been  heretofore 
granted  by  the  United  States,  as  far  as  the  routes  are  upon 
the  same  general  line,  the  amount  of  land  heretofore  granted 
shall  be  deducted  from  the  amount  granted  by  this  act : 
Provided  further,  That  the  railroad  company  receiving  the 
previous  grant  of  land  may  assign  their  interest  to  said 
"  Northern  Pacific  Eailroad  Companjr,"  or  may  consolidate, 
confederate,  and  associate  with  said  company  upon  the 
terms  named  in  the  first  section  of  this  act :  Provided  fur- 

Mineral  lands  ther,  That  all  mineral  lands  be,  and  the  same  are  hereby, 
excluded  from  the  operations  of  this  act,  and  in  lieu  thereof 
a  like  quantity  of  unoccupied  and  unappropriated  agricul- 
tural lands,  in  odd  numbered  sections,  nearest  to  the  line  of 
said  road  may  be  selected  as  above  provided:  And  provided 
further,  That  the  word  "mineral,"  when  it  occurs  in  this 
act,  shall  not  be  held  to  include  iron  or  coal :  And  provided 

No  money  aid.  further,  That  no  money  shall  bo  drawn  from  the  Treasury 
of  the  United  States  to  aid  in  the  construction  of  the  said 
"  Northern  Pacific  Eailroad." 


Sec.  4.  And  be  it  further  enacted,  That  whenever  said  commission- 
"  Northern  Pacific  Railroad  Company"  shall  have  twenty-  road.6 
five  consecutive  miles  of  any  portion  of  said  railroad  and 
telegraph  line  ready  for  the  service  contemplated,  the  Pres- 
ident of  the  United  States  shall  appoint  three  commissioners 
to  examine  the  same,  and  if  it  shall  appear  that  twenty-five 
consecutive  miles  of  said  road  and  telegraph  line  have  been 
completed  in  a  good,  substantial,  and  workmanlike  manner 
as  in  all  other  respects  required  by  this  act,  the  commis- 
sioners shall  so  report  to  the  President  of  the  United  States 
and  patents  of  lands,  as  aforesaid,  shall  be  issued  to  said  Patents, 
company,  confirming  to  said  company  the  right  and  title  to 
said  lands,  situated  opposite  to,  and  coterminous  with,  said 
completed  section  of  said  road;  and,  from  time  to  time, 
whenever  twenty-five  additional  consecutive  miles  shall 
have  been  constructed,  completed  and  in  readiness  as  afore- 
said, and  verified  by  said  commissioners  to  the  President  of 
the  United  -States,  then  patents  shall  be  issued  to  said  com- 
pany conveying  the  additional  sections  of  land  as  afore- 
said, and  so  on  as  fast  as  every  twenty-five  miles  of  said 
road  is  completed  as  aforesaid :  Provided,  That  not  more  Provisos- 
than  ten  sections  of  land  per  mile,  as  said  road  shall  be 
completed,  shall  be  conveyed  to  said  company  for  all  that 
part  of  said  railroad  lying  east  of  the  western  boundary  of 
the  State  of  Minnesota,  until  the  whole  of  said  railroad 
shall  be  finished  and  in  good  running  order,  as  a  first-class 
railroad  from  the  place  of  beginning  on  Lake  Superior  to 
the  western  boundary  of  Minnesota :  Provided  also,  That 
lands  shall  not  be  granted  under  the  provisions  of  this  act 
on  account  of  any  railroad  or  part  thereof  constructed  at 
the  date  of  the  passage  of  this  act. 

Sec.  5.  And  be  it  further  enacted,  That  said  "  Northern  How  Railroad 
Pacific  Railroad  "  shall  be  constructed  in  a  substantial  and  structed. 
workmanlike  manner,  with  all  the  necessary  draws,  culverts, 
bridges,  viaducts,  crossings,  turnouts,  stations,   and  water- 
ing places,  and  all  other  appurtenances,  including  furniture 


8 

and  rolling  stock,  equal  in  all  respects  to  railroads  of  the 
first  class,  when  prepared  for  business,  with  rails  of  the  best 
quality,  manufactured  from  American  iron.  And  a  uni- 
form gauge  shall  be  established  throughout  the  entire  length 
of  the  road.     And  there  shall   be  constructed  a  telegraph 

Telegraph  line    ,  D      r 

line,  of  the  most  substantial  and  approved  description,  to 
be  operated  along  the  entire  line :  Provided,  That  the  said 

GoAr  se  t0  company  shall  not  charge  the  government  higher  rates  than 
they  do  individuals  for  like  transportation  and  telegraphic 
service.     And  it  shall  be  the  duty  of  the  Northern  Pacific 

other     roads  Kailroad  Company  to  permit  any  other  railroad  which  shall 

may  form  con-  r      J  r  j 

nections.  be  authorized  to  be  built  by  the  United  States,  or  by  the 
legislature  of  any  territory  or  state  in  which  the  same  may 
be  situated,  to  form  running  connections  with  it  on  fair  and 
equitable  terms. 

Sec.  6.  And  be  it  further  enacted,  That  the  President  of 
the  United  States  shall  cause  the  lands  to  be  surveyed  for 
skies8?"  road  l°rty  miles  in  width  on  both  sides  of  the  entire  line  of  said 
ed,&c.survey"road,  after  the  general  route  shall  be  fixed,  and  as  fast  as 
may  be  required  by  the  construction  of  said  railroad ;  and 
the  odd  sections  of  land  hereby  granted  shall  not  be  liable 
to  sale,  or  entry,  or  pre-emption  before  or  after  they  are 
surveyed,  except  by  said  company  as  provided  in  this  act ; 
but  the  provisions  ot  the  act  of  September,  eighteen  hun- 
dred and  forty-one,  granting  pre-emption  rights,  and  the 
acts  amendatory  thereof,  and  of  the  act  entitled  "An  actN 
to  secure  homesteads  to  actual  settlers  on  the  public  domain," 
approved  May  twenty,  eighteen  hundred  and  sixty-two, 
shall  be,  aud  the  same  are  hereby  extended  to  all  other 
lands  on  the  line  of  said  road,  when  surveyed,  excepting 
those  hereby  granted  to  said  company.  And  the  reserved 
alternate  sections  shall  not  be  sold  by  the  government  at  a 
price  less  than  two  dollars  and  fifty  cents  per  acre  when 
offered  for  sale. 


9 

Sec.  7.  And  be  it  further  enacted,  That  the  said  "  Northern  Company  may 
___.,  „,  .  1*1        i  i       •      j  lakelands  nec- 

Pacific  Railroad  Company  '  be,  and  is   hereby   authorized  easary  for  its 

and  empowered  to  enter  upon,  purchase,  take,  and  hold  any 
lands  or  premises  that  may  be  necessary  and  proper  for  the 
construction  and  working  of  said  road,  not  exceeding  in 
width  two  hundred  feet  on  each  side  of  the  line  of  its  rail- 
road, unless  a  greater  width  be  required  for  the  purpose  of 
excavation  or  embankment;  and  also  any  lands  or  premises 
that  may  be  necessary  and  proper  for  turnouts,  standing 
places  for  cars,  depots,  station  houses,  or  any  other  struct- 
ures required  in  the  construction  and  working  of  said  road. 
And  the  said  company  shall  have  the  right  to  cut  and  re- 
move trees  and  other  material  that  might,  by  falling,  en- 
cumber its  road-bed,  though  standing  or  being  more  than 
two  hundred  feet  from  the  line  of  said  road.  And  in  case 
the  owner  of  such  lands  or  premises  and  the  said  company 
cannot  agree  as  to  the  value  of  premises  taken,  or  to  be  Daraao.es  how. 
taken,  for  the  use  of  said  road,  the  value  thereof  shall  be  detyrmiaed- 
determined  by  the  appraisal  of  three  disinterested  com- 
missioners, who  may  be  appointed,  upon  application  of 
either  party,  to  any  Court  of  Record  in  any  of  the  ter- 
ritories in  which  the  lands  or  premises  to  be  taken  lie ; 
and  said  commissioners,  in  their  assessment  of  damages, 
shall  appraise  such  premises  at  what  would  have  been 
the  value  thereof  if  the  road  had  not  been  built.  And 
upon  return  into  court  of  such  appraisement,  and  upon 
the  payment  into  the  same  of  the  estimated  value  of  the 
premises  taken  for  the  use  and  benefit  of  the  owner  thereof, 
said  premises  shall  be  deemed  to  be  taken  by  said  company, 
which  shall  thereby  acquire  full  title  to  the  same  for  the 
purposes  aforesaid.  And  either  party  feeling  aggrieved  at  assessment.0™ 
said  appraisement  may,  within  thirty  days  after  the  same 
has  been  returned  into  court,  file  an  appeal  therefrom,  and 
demand  a  jury  of  twelve  men  to  estimate  the  damage  sus- 
tained ;  but  such  appeal  shall  not  interfere  with  the  rights 
of  said  company  to  enter  upon  the  premises  taken,  or  to  do 


10 

any  act  necessary  and  proper  in  the  construction  of  its  road. 
And  said  party  appealing  shall  "give  bonds,  with  sufficient 
surety  or  sureties,  for  the  payment  of  any  cost  that  may 
arise  upon  such  appeal ;  and  in  cafe  the  party  appealing 
does  not  obtain  a  verdict,  increasing  or  diminishing,  as  the 
case  may  be,  the  award  of  the  commissioners,  such  party 
shall  pay  the  whole  cost  incurred  by  the  appellee  as  well 
as  his  own,  and  the  payment  into  court,  for  the  use  of  the 
owner  of  said  premises  taken,  of  a  sum  equal  to  that  finally 
awarded,  shall  be  held  to  vest  in  said  company  the  title  of 
said  land,  and  of  the  right  to  use  and  occupy  the  same  for 
the  construction,  maintenance  and  operation  of  said  road. 
And  in  case  any  of  the  lands  to  be  taken,  as  aforesaid,  shall 
Lands  held  b  ^e  D^  ^y  any  infant,  femme  covert,  non  compos,  insane  per- 
8onasnts0under  S0D>  or  persons  residing  without  the  territory  within  which 
legal  disability  ^  ]ancjs  to  ^e  taken  lie,  or  persons  subjected  to  any  legal 
disability,  the  court  may  appoint  a  guardian  for  any  party 
under  any  disqualification,  to  appear  in  proper  person,  who 
shall  give  bonds,  with  sufficient  surety  or  sureties,  for  the 
proper  and  faithful  execution  of  his  trust;  and  who  may 
represent  in  court  the  person  disqualified,  as  aforesaid,  from 
appearing,  when  the  same  proceedings  shall  be  had  in  ref- 
erence to  the  appraisement  of  the  premises  to  be  taken  for 
the  use  of  said  company,  and  with  the  same  effect  as  has 
been  already  described ;  and  the  title  of  the  company  to 
the  lands  taken  by  virtue  of  this  act  shall  not  be  affected  or 
impaired  by  reason  of  any  failure  by  any  guardian  to  dis- 
charge faithfully  his  trust.  And  in  case  any  party  shall 
have  a  right  or  claim  to  any  land  for  a  term  of  years,  or 
any  interest  therein,  in  possession,  reversion,  or  remainder, 
the  value  of  any  such  estate,  less  than  a  fee  simple,  shall  be 
estimated  and  determined  in  the  manner  hereinbefore  set 
forth.  And  in  case  it  shall  be  necessary  for  the  company 
to  enter  upon  any  lands  which  are  unoccupied,  and  of  which 
there  is  no  apparent  owner  or  claimant,  it  may  proceed  to 
take  and  use  the  same  for  the  purposes  of  said  railroad,  and 


11 

may  institute  proceedings,  in  manner  described,  for  the  pur- 
pose of  ascertaining  the  value  of,  and  of  acquiring  title  to, 
the  same  ;  but  the  judge  of  the  court  hearing  said  suit  shall 
determine  the  kind  of  notice  to  be  served  on  such  owner  or 
owners,  and  he  may  in  its  discretion  appoint  an  agent  or 
guardian  to  represent  such  owner  or  owners  in  case  of  his 
or  their  incapacity  or  non-appearance.  Bat  in  case  no 
claimant  shall  appear  within  six  years  from  the  time  of  the  made  within 
opening  of  said  road  across  any  land,  all  claims  to  damage 
against  said  company  shall  be  barred. 

Sec.  8.  And  be  it  further  enacted,  That  each  and  every  conditions  of 
grant,  right  and  privilege  herein  are  so  made  and  given  to, 
and  accepted  by,  said  Northern  Pacific  Railroad  Company, 
upon  and  subject  to  the  following  conditions,  namely;  That 
the  said  company  shall  commence  the  work  on  said  road 
within  two  years  from  the  approval  of  this  Act  by  the 
President,  and  shall  complete  not  less  than  fifty  miles  per 
year  after  the  second  year,  and  shall  construct,  equip,  furnish, 
and  complete  the  whole  road  by  the  fourth  day  of  July, 
Anno  Domini  eighteen  hundred  and  seventy-six. 


Consequences 


Sec.  9.  And  be  it  further  enacted,  That  the  United  States 
make  the  several  conditioned  grants  herein,  and  that  the  of  preach, 
said  Northern  Pacific  Railroad  Company  accept  the  same, 
upon  the  further  condition  that  if  the  said  company  make 
any  breach  of  the  conditions  hereof,  and  allow  the  same  to 
continue  for  upwards  of  one  year,  then,  in  such  case,  at  any 
time  hereafter,  the  United  States,  by  its  Congress,  may  do 
any  and  all  acts  and  things  which  may  be  needful  and  neces-  ; 
sary  to  insure  a  speedy  completion  of  the  said  road. 

All  people  o  f 
the  IT.  S.  may 

Sec.  10.  And  be  it  further  enacted,  That  all  people  of  the  S"^    fc° 
United  States  shall  have  the  right  to  subscribe  to  the  stock 
of  the  Northern  Pacific  Railroad  Company  until  the  whole 
capital  named  in  this  Act  of  Incorporation  is  taken  up,  by 
complying  with   the  terms  of  subscription;    and  no  mort- 


12 

gage  or  construction  bonds  shall  ever  be  issued  by  said  corn- 
No   mortgage  pany  on  said  road,  or  mortgage  or  lien  made  in  any  way  ex- 
cept by  the  consent  of  the  Congress  of  the  United  States. 

.Railroad  to  be      Sec.  11.  And  be   it  further   enacted,  That    said  North- 
post  route  and  J 
military  road.  ern  Pacific  Eailroad,  or  any  part   thereof,  shall  be  a  post 

route  and  a  military  road,  subject  to  the  use  of  the  United 
States,  for  postal,  military,  naval,  and  all  other  Government 
service,  and  also  subject  to  such  regulations  as  Congress  may 
impose  restricting  the  charges  for  such  Government  trans- 
portation. 

company     to      Sec.  12.  And  be  it  further  enacted.  That  the  acceptance  of 

signif yin  writ-  .    .  . 

ingr  its  accept-  the  terms,  conditions,  and  impositions  or  this  Act  by  the 

ance  of  terms.  x  . 

&c,  of  grant.  sajd  Northern  Pacific  Eailroad  Company  shall  be  signified 
in  writing  under  the  corporate  seal  of  said  company,  duly 
executed  pursuant  to  the  direction  of  its  Board  of  Directors 
first  had  and  obtained,  which  acceptance  shall  be  made 
within  two  years  after  the  passage  of  this  Act,  and  not  after- 
wards, and  shall  be  served  on  the  President  of  the  United 
States. 

Directors    to      Sec.  13.  And  be  it  further  enacted,  That  the  directors  of 

make    annual  .  t     . 

report  and  fix  said  company  shall  make  an  annual  report  of  their  proceed- 

and    regulate  .  j  •  •  • 

fares,  &c.  jngs  and  expenditures,  verified  by  the  affidavits  of  the  Pres- 
ident and  at  least  six  of  the  directors;  and  they  shall  from 
time  to  time  fix,  determine  and  regulate  the  fares,  tolls  and 
charges  to  be  received  and  paid  for  transportation  of  per- 
sons and  property  on  said  road,  or  any  part  thereof. 

Sec.  14.  And  be  it  further  enacted,  That  the  directors 
chosen  in  pursuance  of  the  first  section  of  this  act  shall,  so 
president  and  soon  as  may  be  after  their  election,  elect  from  their  own 
'  number  a  President  and  Vice-President;  and  said  Board  of 
Directors  shall,  from  time  to  time,  and  so  soon  as  may  be 
after  their  election,  choose  a  treasurer  and  a  secretary,  who 
shall  hold  their  offices  at  the  will  and  pleasure  of  the  Board 


13 

of  Directors.  The  treasurer  and  secretary  shall  give  such 
bonds,  with  such  security,  as  the  said  board  from  time  to 
time  may  require.  The  secretary  shall,  before  entering  upon 
his  duty,  be  sworn  to  the  faithful  discharge  thereof,  and  said 
oath  shall  be  made  a  matter  of  record  upon  the  books  of 
said  corporation.  No  person  shall  be  a  director  of  said  com- 
pany unless  he  shall  be  a  stockholder,  and  qualified  to  vote 
for  directors  at  the  election  at  which  he  shall  be  chosen. 

Sec.  15.  And  be  it  further  enacted,  That  the  president,  Gf  rmPres?dent 
vice-president,  and  directors  shall  hold  their  offices  for  the  fleers, 
period  indicated  in  the  by-laws  of  said  company,  not  exceed- 
ing three  years,  respectively,  and  until  others  are  chosen  in 
their  place,  and  qualified.  In  case  it  shall  so  happen-that 
an  election  of  directors  shall  not  be  made  on  any  day  ap- 
pointed by  the  by-laws  of  said  company,  the  corporation 
shall  not  for  that  excuse  be  deemed  to  be  dissolved,  but 
such  election  may  be  holden  on  any  day  which  shall  be  ap- 
pointed by  the  directors.  The  directors,  of  whom  seven, 
including  the  president,  shall  be  a  quorum  for  the  trans- 
action of  business,  shall  have  full  power  to  make  and  pre-  Quorum- 
scribe  such  by-laws,  rules  and  regulations  as  they  shall  deem  By-laws, 
needful  and  proper,  touching  the  disposition  and  manage- 
ment of  the  stock,  property,  estate,  and  effects  of  the  com- 
pany, the  transfer  of  shares,  the  duties  and  conduct  of  their 
officers  and  servants  touching  the  election  and  meeting  of 
the  directors,  and  all  matters  whatsoever  which  may  apper- 
tain to  the  concerns  of  said  company;  and  the  said  Board 
of  Directors  may  have  full  power  to  fill  any  vacancy  or  va- 
cancies that  may  occur  from  any  cause  or  causes  from  time 
to  time  in  their  said  board.  And  the  said  Board  of  Directors 
shall  have  power  to  appoint  such  engineers,  agents,  and  J^^rrctore* 
subordinates  as  may  from  time  to  time  be  necessary  to 
carry  into  effect  the  object  of  the  company,  and  to  do  all 
acts  and  things  touching  the  location  and  construction  of 
said  road. 


14 

Payment    of      Sec.  16.  And  be  it  farther  enacted,  That  it  shall  be  lawful 

ments.  for  the  directors  of  said  company  to  require  payment  of  the 

sum  often  per  centum  cash  assessment  upon  all  subscrip- 
tions received  of  all  subscribers,  and  the  balance  thereof  at 
such  time  and  in  such  proportions  and  on  such  conditions 
as  they  shall  deem  to  be  necessary  to  complete  the  said  road 
and  telegraph  line  within  the  time  in  this  Act  prescribed. 
Sixty  days'  previous  notice  shall  be  given  of  the  payments 
required,  and  of  the  time  and  place  of  payment,  by  publish- 

Notice.  -Qg  a  not}ce  once  a  week  in  one  daily  newspaper  in  each  of 

the  cities  of  Boston,  New  York,  Philadelphia,  and  Chicago; 
and  in  case  any  stockholder  shall  neglect  or  refuse  to  pay, 
in  pursuance  of  such  notice,  the  stock  held  by  such  person 

feitCedto&cefor"s^a^  ^e  forfeited  absolutely  to  the  use  of  the  company,  and 
also  any  payment  or  payments  that  shall  have  been  made 
on  account  thereof,  subject  to  the  condition  that  the  Board 
of  Directors  may  allow  the  redemption  on  such  terms  as  they 
may  prescribe. 

Company  may      Sec.  17.  And  be  it  further  enacted,  That  the  said  company 

accept  grants.  .  .  . 

&c.,  is  authorized  to  accept  to  its  own  use   any  grant,  donation, 

loan,  power,  franchise,  aid,  or  assistance  which  may  be 
granted  to,  or  conferred  upon,  said  company  by  the  Con- 
gress of  the  United  States,  by  the  Legislature  of  any  State, 
or  by  any  corporation,  person  or  persons;  and  said  corpor- 
ation is  authorized  to  hold  and  enjoy  such  grant,  donation, 
loan,  power,  franchise,  aid,  or  assistance  to  its  own  use  for 
the  purpose  aforesaid. 


Sec.  18.  And  be  it  further  enacted,  That  said  Northern 
Company    t  o  Pacific  Eailroad  Company  shall  obtain  the  consent  of  the 

obtain  consent  i 

of  state  Legis-  Legislature  of  any  State  through  which  any  portion  of  said 
railroad  line  may  pass,  previous  to  commencing  the  con- 
struction thereof;  but  said  company  may  have  the  right  to 
put  on  engineers  and  survey  the  route  before  obtaining  the 
consent  of  the  Legislature. 


15 

Sec.  19.  And  be  it  further  enacted,  That  unless  said  North-  Act  to  be  void, 
ern  Pacific  Railroad  Company  shall  obtain  bona  fide  sub- 
scriptions to  the  stock  of  said  company  to  the  amount  of 
two  millions  of  dollars,  with  teu  per  centum  paid  within 
two  years  after  the  passage  and  approval  of  this  act,  it  shall 
be  null  and  void. 

Sec.  20.  And  be  it  further  enacted:  That  the  better  to  ac-  R  i  g  h  t    to 

amend. 

complish  the  object  of  this  act,  namely;  to  promote  the 
public  interests  and  welfare  by  the  construction  of  said  rail- 
road and  telegraph  line,  and  keeping  the  same  in  working 
order,  and  to  secure  to  the  Government  at  all  times  (but 
particularly  in  time  of  war)  the  use  and  benefits  of  the  same 
for  postal,  military,  and  other  purposes,  Congress  may,  at 
any  time,  having  due  regard  for  the  rights  of  said  Northern 
Pacific  Railroad  Company,  add  to,  alter,  amend  or  repeal 
this  act. 

Approved  July  2,  1864. 


AMENDMENTS  TO  CHARTER. 

14  Stat.,  355. 

A  Resolution  extending  the  Time  for  the  Completion  of  the  Union 
Pacifie  Railway,  Eastern  Division. 

******  **** 

Sec.  2.  And  be  it  further  enacted,  That  the  time  for  com-  Extension  of 

mencingand  completing  the  Northern  Pacific  Railroad,  and 

all  its  several  sections,  is  extended  for  the  term  of  two  years. 

Approved  May  7,  1866. 


Joint  Resolution  extending  the  Time  for  the  Completion  of  the  Northern  15  Stat.,  255. 
Pacific  Railroad. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
section  eight  of  an  act  entitled  "  An  act  granting  lands  to 


time. 


16 

aid  in  the  construction  of  a  railroad  and  telegraph  line  from 
Lake  Superior  to  Puget  Sound,  on  the  Pacific  coast,"  is 
hereby  so  amended  as  to  read  as  follows  : 

ffionrf  ^nat  ea°k  an(*  every  grant,  right,  and  privilege  herein 
are  so  made  and  given  to,  and  accepted  by  said  Northern 
Pacific  Railroad  Company,  upon  and  subject  to  the  following 
conditions,  namely:  That  the  said  company  shall  commence 
the  work  on  said  road  within  two  years  from  and  after  the 
second  day  of  July,  eighteen  hundred  and  sixty-eight,  and 
shall  complete  not  less  than  one  hundred  miles  per  year 
after  the  second  year  thereafter,  and  shall  construct,  equip, 
furnish  and  complete  the  whole  road  by  the  fourth  day  of 
July,  Anno  Domini,  eighteen  hundred  and  seventy -seven. 
Approved  July  1,  1868. 


15  Stat.,  346.  Joint  Resolution  granting  Consent  of  Congress  provided  for  in  section 
ten  of  the  Act  incorporating  the  Northern  Pacific  Railroad  Com- 
pany, approved  July  second,  eighteen  hundred  and  sixty-four. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 

foTslue^nd^  tne  consent  of  the  Congress  ot  the  United  States  is  hereby 
given  to  the  Northern  Pacific  Railroad  Company  to  issue 
its  bonds,  and  to  secure  the  same  by  mortgage  upon  its  rail- 
road and  its  telegraph  line,  for  the  purpose  ot  raising  funds 
with  which  to  construct  said  railroad  and  telegraph  line  be- 
tween Lake  Superior  and  Puget  Sound,  and  also  upon  its 
branch  to  a  point  at  or  near  Portland,  Oregon  ;  aud  the  term 

I Sfnefcd.Sound  "  Puget  Sound,"  as  used  here  and  in  the  act  incorporating  said 
company,  is  hereby  construed  to  mean  all  the  waters  con- 
nected with  the  straits  of  Juan  De  Fuca,  within  the  terri- 
tory ot  the  United  States. 
Approved  March  1,  1869. 


17 

Joint  Resolution  granting  Right  of  Way   for  the  Construction  of  a  16  Stat.,  p.  57. 
Railroad   from  a  Point  at  or  near   Portland,  Oregon    to  a  Point 
west  of  the  Cascade  Mountains,  in  Washington  Territory. 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  Branch    from 

_  7  #    7    n-ii        Portland     to 

of  the  United  /States  of  America  in  Congress  assembled,    lhatPuget  Sound. 

the  Northern  Pacific  Railroad  Company  be,  and  hereby  is, 

authorized  to  extend  its  branch  line  from  a  point  at  or  near 

Portland,  Oregon,  to  some  suitable  point  on  Puget  Sound, 

to  be  determined  by  said  company,  and  also  to  connect  the 

same  with  its  main  line  west  of  the  Cascade  Mountains,  in 

the  Territory  of  Washington;  said  extension  being  subject 

to  all  the  conditions,  and  provisions,  and  said  company  in 

respect  thereto  being  entitled  to  all  the  rights  and  privileges 

conferred  by  the  act  incorporating  said  company,  and  all  acts 

additional  to  and  amendatory  thereof:  Provided,  That  said 

....  .        "  .     .  ,      .  11      No  subsidy  for 

company  shall  not  be  entitled  to  any  subsidy  in  money,  bonds,  this  branch, 
or  additional  lands  of  the  United  States  in  respect  to  said  ex- 
tension of  its  branch  line  as  aforesaid,  except  such  lands  as 
may  be  included  in  the  right  of  way  on  the  line  of  such  ex- 
tension as  it  may  be  located  :  And  provided  further,  That  at 
least  twentv-five  miles  of  said  extension  shall  be  constructed  when  to  be 

*  constructed. 

before  the  second  day  of  July,  eighteen  hundred  and  seventy- 
one,  and  forty  miles  per  year  thereafter  until  the  whole  of 
said  extension  shall  be  completed. 
Approved  April  10,  1869. 


A  Resolution  authorizing  the  Northern  Pacific  Railroad  Company  to  16  Stat.,  378. 
issue  bonds  for  the  construction  of  its  road  and  to  secure  the  same 
by  mortgage,  and  for  other  purposes. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the 
Northern  Pacific  Railroad  Company  be,  and  hereby  is  au- 
thorized to  issue  its  bonds  to  aid  in  the  construction  and 
equipment  of  its  road,  and  to  secure  the  same  by  mortgage 
on  its  property,  and  rights  of  property  of  all  kinds  and  de- 


18 

scriptions,  real,  personal,  and  mixed,  including  its  franchise 
as  a  corporation ;  and,  as  proof  and  notice  of  its  legal  exe- 
cution and  effectual  delivery,  said  mortgage  shall   be   filed 

gag?rto  be°re-  and  recorded  in  the  office  of  the  Secretary  of  the  Interior  ; 
and  also  to  locate  and  construct  under  the  provisions  and 
with  the  privileges,  grants,  and  duties  provided  for  in  its 

Authorized  to  act  of  incorporation,  its  main  road  to  some  point  on  Puget 

locate   and  r  '  r  ° 

construct.  Sound,  via  the  valley  of  the  Columbia  Kiver,  with  the  right 
to  locate  and  construct  its  branch  irom  some  convenient 
point  on  its  main  trunk  line  across  the  Cascade  Mountains 
indemnity,  to  Puget  Sound ;  and  in  the  event  of  there  not  being  in  any 
State  or  Territory  in  which  said  main  line  or  branch  may 
be  located,  at  the  time  of  the  final  location  thereof,  the 
amount  of  lands  per  mile  granted  by  Congress  to  said 
company,  within  the  limits  prescribed  by  its  charter,  then 
said  company  shall  be  entitled,  under  the  directions  of  the 
Secretary  ot  the  Interior,  to  receive  so  many  sections  of 
land  belonging  to  the  United  States,  and  designated  by  odd 
numbers,  in  such  State  or  Territory,  within  ten  miles  on 
each  side  of  the  said  road  beyond  the  limits  prescribed  in 
said  charter,  as  will  make  up  such  deficiency,  on  said  main 
line  or  branch,  except  mineral  and  other  lands  as  excepted 
in  the  charter  of  said  company  of  eighteen  hundred  and 
sixty-four,  to  the  amount  of  the  lands  that  have  been  granted, 
sold,  reserved,  occupied  by  homestead  settlers,  pre-empted 
"  or  otherwise  disposed  of  subsequent  to  the  passage  of  the 
act  of  July  two,  eighteen  hundred  and  sixty-four.  And  that 
twenty-five  miles  of  said  main  line  between  its  western  ter- 
minus and  the  city  of  Portland,  in  the  State  of  Oregon,  shall 
be  completed  by  the  first  day  of  January,  Anno  Domini, 
eighteen  hundred  and  seventy-two,  and  forty  miles  of  the 
remaining  portion  thereof  each  year  thereafter,  until  the 
Disposition  of  whole  shall  be  completed  between  said  points:  Provided, 
or" mortared  that  all  lands  hereby  granted  to  said  company,  which 
completion  of  shall  not  be  sold  or  disposed  of,  or  remain  subject  to  the 
mortgage  by  this  act  authorized,  at  the  expiration  of  five 


19 

years  after  the  completion  of  the  entire  road,  shall  be  sub- 
ject to  settlement  and  pre-emption  like  all  other  lands,  at  a 
price  to  be  paid  to  said  company,  not  exceeding  two  dollars 
and  fifty  cents  per  acre;  and  if  the  mortgage  hereby  author- 
ized  shall  at  any  time  be  enforced  by  foreclosure  or  other 
legal  proceeding,  or  the  mortgaged  lands  hereby  granted, 
or  any  of  them,  be  sold  by  the  trustees  to  whom  such  mort- 
gage may  be  executed,  either  at  its  maturity,  or  lor  any 
failure  or  default  of  said  company  under  the  terms  thereof, 
such  lands  shall  be  sold  at  public  sale,  at   places  within  the 
States  and  Territories  in  which  they  shall  be  situate,  after 
not  less  than  sixty  days'  previous  notice,  in  single  sections  or 
subdivisions  thereof,  to  the  highest  and  best  bidder:  Pro- 
vided further,  that  in  the  construction  of  the  said  railroad 
American  iron  or  steel  only  shall  be  used,  the  same  to  be 
manufactured  from  American  ores  exclusively. 

Sec.  2.  And  be  it  further  resolved,  That  Congress  may  at 
any  time  alter  or  amend  this  joint  resolution,,  having  due 
regard  to  the  rights  of  said  company,  and  any  other  par- 
ties. 

Approved  May  31, 1870. 


AN  ACT  making  Appropriations  for  sundry  civil  expenses   of  tlie16gtat  291 
Government  tor  the  year  ending  June  thirty,  eighteen  hundred 
and  seventy-one,  and  for  other  purposes. 

For  the  survey  of  the  public  lands  within  the  limits  of 
the  land  grant  to  the  Northern  Pacific  Eailroad  Company 
in  a  direct  line  extending  from  Du  Luth,  on  Lake  Superior, 
to  Georgetown,  on  the  Eed  Kiver  of  the  North,  ninety-five 
thousand  nine  hundred  and  eighty  dollars :  Provided,  That 
five  thousand  dollars  of  this  appropriation  shall  be  expended 
for  office  work  by  the  Surveyor-General  of  Minnesota  :  And 
provided  further,  That  before  any  land  granted  to  said  com- 
pany by  the  United  States  shall  be  conveyed  to  any  party 


20 

entitled  thereto  under  any  of  the  acts  incorporating  or  re- 
lating to  said  company,  there  shall  first  be  paid  into  the 
Treasury  of  the  United  States  the  cost  of  surveying,  select- 
ing and  conveying  the  same  by  the  said  company  or  party 
interested. 


Approved  July  15,  1870. 


17  Stats.  417.      AN  ACT  to  authorize  the  Northern   Pacific  Railroad  Company  to 
construct  and  maintain  a  bridge  across  the  Saint  Louis  River. 

Be'it  enacted  by  the  Senate  arid  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That 
the  Northern  Pacific  Eailroad  Company  is  hereby  author- 
ized to  construct  and  maintain  a  draw-bridge  across  the 
Saint  Louis  Eiver,  between  Eice's  Point,  in  the  State  of 
Minnesota,  and  Connor's  Point,  in  the  State  of  Wisconsin. 
That  the  said  bridge  shall  be  not  less  than  ten  feet  above 
the  level  of  the  water  of  said  river  at  the  point  where  its 
construction  is  hereby  authorized;  that  said  bridge  shall 
have  a  pivot-draw,  giving  two  clear  openings  of  one  hun- 
dred feet  each,  measured  at  right  angles  to  the  current  at 
the  average  stage  of  water  in  the  river,  and  located  in  a  part 
of  the  bridge  that  can  be  safely  and  conveniently  reached 
at  that  stage  ;  and  the  next  adjoining  spans  to  the  draw  shall 
not  be  less  than  one  hundred  and  fifty  feet,  if  the  proper  lo- 
cation of  the  draw  over  the  channel  will  admit  spans  of  this 
width  between  it  and  the  shore ;  and  said  span  shall  not  be 
less  than  ten  feet  above  extreme  high-water  mark,  measur- 
ing to  the  bottom  chord  of  the  bridge  ;  that  said  draw  shall 
be  opened  promptly,  upon  reasonable  signal,  for  the  passage 
of  boats  whose  construction  shall  not  be  such  as  to  admit  of 
their  passage  under  the  stationary  span  of  said  bridge,  ex- 
cept when  trains  are  passing  over  the  same;  but  in  no  case 
shall  unnecessary  delay  occur  in  opening  the  said  draw  be- 
fore or  after  the  passage  of  trains. 


21 

Sec.  2.  That  the  piers  of  the  said  bridge  shall  be  built 
parallel  with  the  current  at  that  stage  of  the  river  which 
is  most  important  for  navigaiion,  and  that  no  ripraps  or 
other  outside  protection  for  imperfect  foundation  will  be 
permitted  in  the  channel-way  of  the  draw  openings. 

Sec.  3.  That  the  said  Northern  Pacific  Railroad  Com- 
pany shall  submit  to  the  Secretary  of  War, for  his  examina- 
tion, a  design  and  drawings  of  the  bridge  and  piers,  and  a 
mapof  the  location,  giving,  for  the  space  of  at  least  one  mile 
above  and  one  mile  below  the  proposed  location,  the  topo- 
graphy of  the  banks  of  the  river,  the  shorelines  at  high  and 
low  water,  the  direction  of  the  current  at  all  stages,  and  the 
soundings  accurately  showing  the  bed  of  the  stream,  the 
location  of  any  other  bridge  or  bridges,  and  shall  furnish 
such  other  information  as  may  be  required  for  a  full  and 
satisfactory  understanding  of  the  subject  by  the  Secre- 
tary of  War,  and  if  the  Secretary  of  War  is  satisfied  that 
the  provisions  of  the  law  have  been  complied  with  in  re- 
gard to  location,  the  building  of  the  piers  may  be  at  once 
commenced;  but  if  it  shall  appear  that  the  conditions  pre- 
scribed by  this  act  cannot  be  complied  with  at  the  location 
where  it  is  desired  to  construct  the  bridge,  the  Secretary  of 
War  shall,  after  considering  any  remonstrances  filed  against 
the  building  of  said  bridge,  and  furnishing  copies  of  such 
remonstrances  to  the  board  of  engineers  provided  for  in 
this  act,  detail  a  board  composed  of  three  experienced  offi- 
cers of  the  Corps  of  Engineers  to  examine  the  case,  and,  on 
their  recommendation,  authorize  such  modifications  in  the 
requirements  of  this  act,  as  to  location  and  piers,  as  will 
permit  the  construction  of  the  bridge,  not,  however,  di- 
minishing the  width  of  the  spans  contemplated  by  this  act: 
Provided,  That  the  free  navigation  of  the  river  be  not  ma- 
terially injured  thereby. 

Sec.  4.  That  all  parties  owning,  occupying  or  operating 
the  said  bridge  shall  maintain,  at  their  own  expense,  from 
sunset  to  sunrise  throughout  the  year,  such  lights  on  their 


22 

bridges  as  may  be  required  by  the  Light-house  Board  for 
the  security  of  navigation  ;  and  all  persons  owning,  occupy- 
ing, or  operating  the  said  bridge  shall,  in  any  event,  main- 
tain all  lights  on  their  bridge  that  may  be  necessary  for  the 
security  of  navigation. 

Sec.  5.  That  any  bridge  constructed  under  this  act,  and 
according  to  its  limitations,  shall  be  a  lawful  structure,  and 
shall  be  recognized  and  known  as  a  post  route,  upon  which, 
also,  no  higher  charge  shall  be  made  for  the  transmission 
over  the  same  of  the  mails,  the  troops,  and  the  munitions  of 
war  of  the  United  States,  than  the  rate  per  mile  paid  for 
the  transportation  over  the  railroads  of  public  highways 
leading  to  said  bridge  ;  and  the  United  States  shall  have  the 
right  of  way  for  postal-telegraph  purposes  across  such  bridge ; 
and  in  case  of  any  litigation  arising  from  any  obstruction  or 
alleged  obstruction  to  the  navigation  of  said  river,  created 
by  the  construction  of  said  bridge  under  this  act,  the  cause 
or  question  arising  may  be  tried  before  the  district  court  of 
the  United  States  of  any  State  in  which  any  portion  of  said 
obstruction  or  bridge  touches. 

Sec.  6.  That  all  railway  companies  desiring  to  use  the 
said  bridge  shall  have  and  be  entitled  to  equal  rights  and 
privileges  in  the  passage  of  the  same,  and  in  the  use  of  the 
machinery  and  fixtures  thereof,  and  of  all  the  approaches 
thereto,  under  and  upon  such  terms  and  conditions  as  shall 
be  prescribed  by  the  Secretary  of  War,  upon  hearing  the 
allegations  and  proofs  of  the  parties  in  case  they  shall  not 
agree. 

Sec.  7.  That  the  right  to  alter  or  amend  this  act,  so  as  to 
prevent  or  remove  all  material  obstructions  to  the  naviga- 
tion of  said  river  by  the  construction  of  the  said  bridge,  is 
hereby  expressly  reserved,  without  any  liability  of  the  gov- 
ernment for  damages  on  account  of  the  alteration  or  amend- 
ment of  this  act,  or  on  account  of  the  prevention  or  re- 
quiring the  removal  of  any  such  obstructions;  and  if  any 
change  be  made  in  the  plan  of  construction  of  any  bridge 


23 

constructed  under  this  act,  during  the  progress  of  the  work 
thereon  or  before  the  completion  of  said  bridge,  such  change 
shall  be  subject  to  the  approval  of  the  Secretary  ot  War; 
and  any  change  in  the  construction,  or  any  alteration  of 
said  bridge  that  may  be  directed  at  any  time  by  Congress, 
shall  be  made  at  the  cost  and  expense  of  the  owners  there- 
of. 

Approved  February  27,  1873. 


AN"  ACT  to  accept  and  ratify  an  agreement  with  1he  Crow  Indians  22  stats.,  157. 
for  the  sale  of  a  portion  of  their  reservation  in  the  Territory  of 
Montana  required  for  the  use  of  the  Northern  Pacific   Hailroad, 
and  to  make  the  necessary  appropriations  for  carrying  out  the 
same. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assembled,  That  a  ratified  and 

.  confirmed. 

certain  agreement  made  between  the  United  States  of 
America,  represented  by  Llewellyn  A.  Luce,  William  II. 
Walker,  and  Charles  A.  Maxwell,  special  agents  duly  ap- 
pointed in  that  behalf  by  the  Secretary  of  the  Interior, 
of  the  one  part,  and  the  Crow  tribe  of  Indians  resident 
on  the  Crow  Reservation,  in  the  Territory  of  Montana, 
acting  under  the  supervision  and  with  the  approval  of 
the  Secretary  of  the  Interior,  of  the  other  part,  be,  and 
the  same  is  hereby,  ratified  and  confirmed.  Said  agree- 
ment is  executed  by  a  majority  of  all  the  adult  male  In- 
dians of  the  Crow  tribe  occupying  or  interested  in  the 
lands  therein  more  particularly  described,  in  conformity 
with  the  provisions  contained  in  article  eleven  of  the 
treaty  with  the  Crow  Indians  of  May  seventh,  eighteen 
hundred  and  sixty -eight,  and  is  in  the  words  following, 
namely  : 

"  Whereas  by  section  one  of  an  act  of  Congress,  ap- 
proved July  second,   eighteen  hundred  and  sixty -four, Agreement# 
entitled, c  An  act  granting  lands  to  aid  in  the  construc- 
tion of  a  railroad  and  telegraph  line  from  Lake  Superior 
to  Puget   Sound,  on  the  Pacific  coast,  by  the  northern 


24 

route'  (thirteenth  Statutes  at  Large,  page  three  hundred 
and  sixty-five,)  the  [Northern  Pacific  Railroad  Company 
was  authorized  and  empowered  to  lay  out,  locate,  con- 
struct, furnish,  maintain,  and  enjoy  a  continuous  railroad 
and  telegraph  line,  with  the  appurtenances,  namely:  Be- 
ginning at  a  point  on  Lake  Superior,  in  the  State  of 
Minnesota  or  Wisconsin,  thence  westerly  by  the  most 
eligible  railroad  route,  as  shall  be  determined  by  said 
company,  within  the  territory  of  the  United  States,  on 
a  line  north  of  the  forty-fifth  degree  of  latitude,  to  some 
point  on  Puget  Sound;  and 

"Whereas  by  section  two  of  said  act  Congress  granted 
to  said  company  the  right  of  way  for  the  construction  of 
said  railroad  and  telegraph  line  to  the  extent  of  two 
hundred  feet  in  width  on  each  side  of  said  railroad 
where  it  may  pass  through  the  public  domain,  including 
all  necessary  ground  for  station-buildings,  workshops, 
depots,  machine-shops,  switches,  side-tracks,  turn-tables, 
and  water-stations  ;  and 

"Whereas,  by  said  section  two,  Congress  provided 
that  the  United  States  should  extinguish,  as  rapidly  as 
may  be  consistent  with  public  policy  and  the  welfare  of 
the  Indians,  the  Indian  titles  to  all  lands  falling  under 
the  operation  of  this  act,  and  acquired  in  the  donation 
to  the  road  named  in  the  act;  and 

"Whereas  by  treaty  between  the  United  States  and 
the  Crow  Indians  concluded  at  Fort  Laramie,  May 
seventh,  eighteen  hundred  and  sixty-eight,  and  duly  rati- 
fied and  proclaimed  (fifteenth  Statutes  at  large,  page 
six  hundred  and  forty-nine),  a  district  of  country  in  the 
Territory  of  Montana  was  set  apart  as  a  reservation  for 
the  absolute  and  undisturbed  use  and  occupation  of  said 
Indians  ;  and 

"  Whereas,  there  is  no  provision  or  stipulation  in  said 
treaty  authorizing  said  company  or  recognizing  its  right 
to  construct  its  road  through  said  reservation;  and 


25 

"Whereas  the   said  company  did,  on  the   twenty-fifth  Map  ofdeftotte 

1       J  '  \  location     filed 

day  of  June,  eighteen  hundred  and  eighty-one,  tile  in  ihe  Juner.,  i88i. 

I  department  of  the  Interior  a  map  showing  the  definite 
location  of  its  line  of  railroad  from  the  one  hundred  and 
seventh  degree  of  longitude  west  from  Greenwich  west- 
wardly  through  said  reservation  and  adjacent  territory 
to  the  western  boundary  of  the  said  reserve,  as  provided 
by  said  act  of  eighteen  hundred  and  sixty-four,  the  com- 
pany having  first  obtained  the  permission  of  the  Secre- 
tary of  the  Interior  to  survey  its  line  in  said  reservation ; 
an  d 

"Whereas  the  said  company  desires  to  construct  its 
line  of  railroad  upon  such  designated  route,  and  claims 
the  right  by  virtue  of  said  act  so  to  do: 

"Now,  therefore,  in  order  to  fulfill  the  obligations  of 
the  government  in  the  premises,  this  agreement,  made 
this  twenty-second  day  of  August  anno  Domini  eighteen 
hundred  and  eighty-one,  between  the  Crow  tribe  of  In- 
dians resident  on  the  Crow  Reservation,  in  the  Territory 
of  Montana,  represented  by  their  chiefs,  headmen,  and 
heads  of  a  majority  of  families,  and  being  a  majority  of 
all  the  adult  male  Indians  occupying  or  interested  in  the 
lands  hereinafter  described,  the  said  Indians  acting  ur- 
der  the  supervision  and  with  the  approval  of  the  Secretary 
of  the  Interior  of  the  United  States,  of  the  one  part,  and 
the  United  States  of  America,  represented  by  Llewellyn 
A.  Luce,  William  H.  Walker,  and  Charles  A.  Maxwell, 
special  agents  duly  appointed  in  this  behalf  by  the  Sec- 
retary of  the  Interior,  of  the  other  part,  witnesseth: 
That  for  the  consideration  hereinafter  mentioned  the 
Crow  tribe  of  Indians  do  hereby  surrender  and  relinquish  Reiin  qui sn- 

...  .  merit    to  the 

to  the  United  States  all  their  right,  title  and  interest  in  united  states. 
and  to  all  that  part  of  the  Crow  Reservation   situate  in 
the   Territory    of    Montana   and    described    as   follows, 
namely  : 

"  A  strip  of  land  not  exceeding  four  hundred  feet  in  Jf^y?*  riRht 


26 

width,  that  is  to  say,  two  hundred  feet  on  each  side  of 
the  line  laid  down  on  the  map  of  definite  location  here- 
inbefore mentioned,  wherever  said  line  runs  through  said 
reservation  between  the  one  hundred  and  seventh  de- 
gree of  longitude  west  of  Greenwich  on  the  east,  and 
the  mid-channel  of  the  Big  Boulder  river  on  the  west, 
containing  five  thousand  three  hundred  and  eighty-four 
acres,  more  or  less.  An  official  copy  of  said  map  of  de- 
finite location  was,  on  this  twenty -second  day  of  August, 
anno  Domini  eighteen  hundred  and  eighty-one,  produced 
before  said  special  agents  and  the  Indians  in  council,  was 
fully  explained  to  said  Indians,  and  is  hereunto  attached, 
marked  A,  and  made  a  part  of  this  agreement.  Also 
Land  for  sta-  the  several  parcels  of  land  situate  along  and  adjoining 
the  said  strip  of  land  hereinbefore  mentioned  between 
the  one  hundred  and  seventh  degree  of  longitude  west 
of  Greenwich  on  the  east,  and  the  mid-channel  of  the 
Big  Boulder  river  on  the  west,  as  defined  and  described 
on  a  map  produced  before  said  special  agents  and  the  In- 
dians in  council  on  the  day  and  date  above  mentioned, 
and  fully  explained  to  and  understood  by  said  Indians; 
said  tracts  being  designated  on  the  aforesaid  map  by  the 
letters  A,  B,  C,  D,  E,  F,  G,  II,  I,  J,  and  K,  and  contain- 
ing, respectively,  the  following  area,  that  is  to  say:  Tract 

A,  twenty-six  and  twenty-three  hundredths  acres;  tract 

B,  twenty-eight  and  fifty-four  hundredths  acres;  tract  C, 
twenty-six  and  twenty-three  hundredth  acres;  tract  E, 
twenty-six  and  twenty-three  hundredths  acres;  tract  F, 
twenty-six  and  twenty -three  hundredths  acres;  tract  G, 
twenty-six  and  twenty -three  hundredths  acres;  tract  H, 
twenty-six  and  twenty -three  hundredths  acres;  tract  I, 
twenty-six  and  twenty-three  hundredths  acres;  tract  J, 
twenty-eight  and  thirty-  two  hundredths  acres;  tract  K, 
twenty-six  and  twenty- three  hundredths  acres,  aggregat- 
ing two  hundred  and  sixty-six  acres,  more  or  less,  said 
map  being  hereunto  attached,  marked  B,  and   made  a 


27 

part  of  this  agreement  ;  which  last  mentioned  tracts  are 
intended  for  the  use  of  said  Northern  Pacific  Lailroad 
Company  for  station-houses,  depots,  switches,  and  so 
forth.  It  is  further  stipulated  and  agreed  that  the 
United  States  will  not  permit  the  said  railroad  company- 
its  employees  or  agents,  to  trespass  upon  any  part  of  the 
lands  of  the  Crow  Indian  Keservation  not  hereby  relin- 
quished, nor  permit  said  company,  its  employees  or 
agents,  to  cut  any  timber,  wood,  or  hay  from  the  lands 
embraced  in  said  reservation. 

"  And  it  is  further  stipulated  and  agreed  that  the  Sec- 
retary of  the  Interior,  upon  such  terms  as  he  may  see  fit 
to  impose,  may  permit  to  be  constructed,  maintained,  and 
used  within  said  Crow  Indian  Reservation  wagon-roads 
not  exceeding  three  in  number,  in  addition  to  any  estab- 
lished wagon-roads  which  maybe  now  in  use  therein; 
the  said  three  roads  to  connect  with  the  line  of  said  rail- 
road at  such  points  as  the  Secretary  of  the  Interior  may 
designate;  all  of  which  wagon-roads  shall  be  under  the 
control  of  the  Government  of  the  United  States. 

"  In  consideration  for  the  lands  hereby  relinquished, 
amounting  in  the  aggregate  to  five  thousand  six  hundred 
and  fifty  acres,  more  or  less,  and  for  the  privileges  herein 
granted,  the  United  States  stipulates  and  agrees  to  pay 
to  the  Crow  tribe  of  Indians  the  sum  of  twenty-five 
thousand  dollars,  to  be  deposited  in  the  Treasury  of  the 
United  States  to  the  credit  of  the  said  tribe  of  Indians 
upon  the  ratification  of  this  agreement  by  Congress,  and 
the  necessary  appropriation  made  therefor,  the  sum 
aioresaid  to  be  expended  for  the  benefit  of  said  Indians 
in  such  manner  as  the  Secretary  of  the  Interior  may 
direct;  the  same  to  be  in  addition  to  any  and  all  moneys 
to  which  the  said  Indians  are  entitled  under  the  provi- 
sions of  the  treaty  of  May  seventh,  eighteen  hundred 
and  sixty-eight,  hereinbefore  mentioned. 

"  All  provisions  of  existing  treaties  with  the  Crow  In- 


BAKCROFT 
LIBRARY 


28 

dians  not  affected  by  this  agreement  are  to  remain  in  full 
force  and  effect,  and  this  agreement  is  to  be  subject  to 
ratification  by  Congress. 

"Executed  at  Crow  Agency,  in  the  Territory  of  Mon- 
tana, this  twenty-second   day  of  August,  anno  Domini 
eighteen  hundred  and  eighty-one,  as  witness  the  follow- 
ing signatures." 
Appropria-      Sec.  2.  That  for  the  purpose  of  carrying  the  provisions 
tlon'  of  this  act  into  effect  the  sum  of  twenty-five  thousand 

dollars  is  hereby  set  aside,  out  of  any  moneys  in  the 
United  States  Treasury  not  otherwise  appropriated,  to 
be  deposited  in  the  United  States  Treasury  to  the  credit 
of  the  Crow  tribe  of  Indians,  and  to  be  expended  for  the 
benefit  of  the  said  Indians  in  such  manner  as  the  Sec- 
retary of  the  Interior  may  direct. 
Rijrht  of  way      Sec  3.  That  the  right  of  way  over  the  land  relinquished 

and  lands  for  .  a 

Irantedto'the^  sa^  agreement  to  the  United  States  for  the  construc- 
company.  ^on  0f  ga^  Northern  Pacific  Railroad,  and  the  use  of  the 
several  parcels  of  land  so  relinquished  intended  to  be 
used  for  depots,  stations,  sidings,  and  so  forth,  for  said 
railroad,  are  hereby  granted  to  said  Northern  Pacific  Rail- 
road Company,  its  successors  and  assigns,  for  the  uses  and 
purposes  in  said  agreement  set  forth;  but  the  land,  or  any 
"  part  thereof,  relinquished  to  the  United  States  by  said 
agreement  shall  not  be  used  for  railroad  purposes  by  or 
for  the  said  Northern  Pacific  Railroad  Company,  its  suc- 
cessors or  assigns,  except  upon  the  condition   precedent 

Company     to  o      ?  r         r  r 

Stotesefor"thd  ^iat  ^e  sa*^  company,  its  successors   or  assigns,  shall, 
lands.  within  sixty  days  from  the  taking  effect  of  this  act,  pay 

to  the  Treasurer  of  the  United  States  said  sum  of  twenty- 
five  thousand  dollars  hereby  appropriated  to  be  paid  by 
the  United  States  for  the  lands  relinquished  to  the 
United  States  by  said  agreement,  and  shall  within  the 
same  time  file  with  the  Secretary  of  the  Interior  its 
written  acceptance  of  the  conditions  of  this  section;  nor 
shall  said  land,  or  any  part  thereof,  be  continued  to  be 


29 

used  for  railroad  purposes  by  or  for  said  Northern  Pacific 
Railroad  Company,  its  successors  or  '  assigns,  except 
upon  the  further  condition  that  said  company,  its 
successors  or  assigns,  will  pay  any  and  all  damages 
which  the  United  States  or  said  Indians,  individ- 
ually or  in  their  tribal  capacity,  or  any  other  Indians 
lawfully  occupying  said  reservation,  may  sustain  by 
reason  or  on  account  of  the  act  or  acts  of  said  company, 
its  successors  or  assigns,  its  agents  or  employees,  or  on 
account  of  fires  originating  by  or  in  the  construction  or 
operation  of  said  railroad,  the  damages  in  all  cases  to  be 
recovered  in  any  court  of  the  Territory  of  Montana  hav- 
ing jurisdiction  of  the  amount  claimed,  upon  the  suit  or 
action  instituted  by  the  proper  United  States  attorney  in 
the  name  of  the  United  States:  Provided,  That  the  said 
United  States  attorney  may  accept  such  sum  of  money 
in  satisfaction  .of  any  such  injury  or  damages  as  in  his 
discretion  may  be  just;  and  if  so  accepted  before  suit  or 
action  is  commenced,  no  suit  or  action  shallbe  instituted, 
and  if  accepted  after  commencement  of  suit  or  action, 
the  same  shall  be  dismissed  at  the  cost  of  said  company, 
its  successors  or  assigns. 

Sec.  4.  That  all  moneys  accepted  or  recovered  under  r^  money  to 
the  provisions  of  section  three  of  this  act  shall  be  covered  £n  tCo°vet  h  e 
into  the  Treasury  of  the  United  States,  and  if  accepted   reasury- 
or  recovered  on  account  of  damages  sustained  by  said  In- 
dians as  aforesaid,  they  shall  be  placed  to  the  credit  of 
said  Indians  in  their  tribal-names,  to  be  expended  by  the 
Secretary  of  the  Interior  for  the  benefit  of  said  Indians 
in  such  manner  as  he  may  deem  for  their  best  interest, 
except  in  the  case  of  an  individual  Indian,  when  the 
amount  covered  into  the  Treasury  shall  be  expended  for 
his  sole  benefit. 

Approved,  July  10,  1882. 


30 


CONSENT  OF  STATES 


MINNESOTA. 

Special  Laws  1865,  page  228. 

AN  ACT  to  aid  in  the  construction  of  the  "Northern  Pacific  Railroad 
and  Telegraph  Line  "  from  Lake  Superior  to  Puget's  Sound. 

Whereas,  the  Congress  of  the  United  States  of  America 
did,  by  an  act  entitled  'An  act  granting  lands  to  aid  in  the 
construction  of  a  railroad  and  telegraph  line  from  Lake 
Superior  to  Puget  Sound,  on  the  Pacific  coast,  by  the 
northern  route,"  approved  the  second  day  of  July,  1864, 
create  a  body  politic  and  corporate  by  the  name,  style,  and 
title  of  the  "  Northern  Pacific  Railroad  Company,"  and, 
among  other  things,  did  authorize  and  empower  said  com- 
pany to  lay  out,  construct,  furnish,  maintain,  and  enjoy  a  con- 
tinuous railroad  and  telegraph  line,  with  the  appurtenances 
namely:  beginning  at  a  point  on  Lake  Superior,  in  the  State 
of  Minnesota  or  Wisconsin,  thence  westerly  by  the  most  eli- 
gible railroad  route  to  be  determined  by  said  company, 
within  the  territory  of  the  United  States,  on  a  line  north  of 
the  forty- fifth  degree  of  latitude,  to  some  point  on  Puget's, 
Sound,  with  a  branch,  via  the  valley  of  Columbia  River 
to  a  point  at  or  near  Portland,  in  the  State  of  Oregon, 
leaving  the  maintrunk  line  at  the  most  suitable  place  not 
more  than  three  hundred  miles  from  its  western  terminus, 
and  did  also  vest  in  said  company  all  the  rights,  powers, 
privileges  and  immunities  necessary  to  carry  into  effect  the 
purposes  of  said  act  as  therein  set  forth. 

And  whereas,  the  Congress  of  the  United  States  did  also, 
by  said  act,  authorize  said  Northern  Pacific  Railroad  Com- 
pany to  accept,  hold  and  enjoy  to  its  own   use   any  grant, 


31 

donation,  loan,  powers,  franchise,  aid  or  assistance  which 
might  be  granted  to  said  company  by  the  Congress  of  the 
United  States,  by  the  Legislature  of  any  State,  or  by  any 
corporation,  person  or  persons,  for  the  purposes  of  said  act. 

And  whereas,  the  said  Northern  Pacific  Railroad  Com- 
pany was  also  required  by  said  act  to  obtain  the  consent  of 
the  Legislature  of  any  State  through  which  any  portion  of 
said  railroad  line  might  pass  previous  to  commencing  the 
construction  thereof;    Now,  therefore. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Minnesota: 
Sec.  1.  That  the  consent  of  the  State  be  and  the  same  is  here- 
by given  to  the  said  Northern  Pacific  Railroad  Company  to 
survey,  lay  out,  locate,  construct,  furnish,  maintain  and  en- 
joy a  continuous  railroad  and  telegraph  line  with  the  ap- 
purtenances, within  its  limits,  on  the  line  in  said  act  of 
Congress  authorized;  and  for  the  purposes  aforesaid  in  said  act 
of  Congress  set  forth,  and  in  order  to  carry  the  same  into  full 
effect,  the  said  Northern  Pacific  Railroad  Company,  its 
successors  and  assigns,  are  hereby  vested  with  all  the  rights, 
powers,  privileges,  and  immunities,  within  the  limits  of  this 
State,  which  are  by  said  act  of  Congress  conferred  upon 
them  within  the  territories  and  jurisdiction  of  the  United 
States,  subject  to  the  conditions  in  said  act  contained,  and 
to  the  following  proviso:  Provided,  That  should  the  said 
company  elect  to  make  the  eastern  terminus  of  said  road 
east  of  the  eastern  boundary  of  the  State  of  Minnesota,  then, 
and  in  that  case,  they  shall  construct,  or  cause  to  be  con- 
structed, a  line  of  railroad  from  the  said  main  line  to  the 
navigable  waters  of  Lake  Superior,  within  the  State  of  Min- 
nesota, of  the  same  gauge  as  said  main  line,  for  which 
purpose  the  same  powers,  rights,  and  privileges  are  hereby 
granted  to  said  company  as  they  have  or  may  have  to  con- 
struct said  main  line  within  the  State  of  Minnesota:  And 
provided  further,  That  nothing  in  this  act  contained  shall 
be  construed  as  exempting  the  road-bed  and  other  prop- 
erty of  said  company  within  this  State  from  taxation. 

Approved  March  2,  1865. 


32 

WISCONSIN. 

Private  and  Local  Laws  1865,  page  290. 

AN  ACT  to  authorize  the  Northern  Pacific  Railroad  and  telegraph 
company,  incorporated  by  an  act  of  Congress  entitled  "An  act 
granting  lands  to  aid  in  the  construction  of  a  railroad  and  tele- 
graph line  from  Lake  Superior  to  Puget's  Sound,  on  the  Pacific 
coast,  by  the  Northern  route,"  approved  July  2d,  1864,  to  con- 
struct their  railroad  and  telegraph  line  through  the  State  of  Wis- 
consin. 

The  people  of  the  State  of  Wisconsin  represented  in  Senate 
and  Assembly  do  enact  as  follows  : 

Sec.  1.  The  consent  of  the  State  of  Wisconsin  is  hereby 
given  to  the  Northern  Pacific  Railroad  Company,  incor- 
porated by  an  act  of  Congress  entitled  "An  act  granting  lands 
to  aid  in  the  construction  of  a  railroad  and  telegraph  line 
from  Lake  Superior  to  Puget  Sound,  on  the  Pacific  coast, 
by  the  Northern  route,"  approved  July  2d,  1864,  to  survey, 
lay  out,  locate,  construct,  finish,  maintain  and  enjoy  a  contin- 
uous railroad  and  telegraph  line,  with  the  appurtenances, 
within  its  limits,  on  the  line  within  the  said  act  of  Congress 
indicated  and  authorized ;  and  for  the  purposes  aforesaid, 
and  in  said  act  of  Congress  set  forth,  and  in  order  to  carry  the 
same  into  full  effect,  the  said  Northern  Pacific  Railroad  Com- 
pany, its  successors  and  assigns,  are  hereby  vested  with  all 
the  rights,  powers,  privileges,  and  immunities  within  the 
limits  of  this  State  which  are  by  said  act  of  Congress  con- 
ferred upon  them  within  the  territories  and  jurisdiction  of 
the  United  States :  provided,  That  said  Northern  Pacific 
Railroad  Company  shall  be  prohibited  at  any  time  prior 
to  the  actual  building  or  equipment  of  said 'railroad,  from 
allowing  any  railroad  company  chartered  by  the  laws  of 
the  State  of  Minnesota,  to  use  or  enjoy  any  of  the  privileges 
hereby  granted  to  the  Northern  Pacific  Railroad  Company, 
to  be  exercised  in  the  State  of  Wisconsin  :  And  provided 
further,  That  nothing  herein  contained  shall  be  construed 
to  prevent  the  said  Northern  Pacific  Railroad  Company, 
after  the  building  and  equipment  of  said  road  through  the 


33 

State  of  Wisconsin,  from  making  such  contracts  for  connec- 
tions with  Minnesota  railroads,  in  the  State  of  Wisconsin, 
[as]  they  may  deem  proper. 

Sec.  2.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage  and  publication. 

Approved  April  10,  1865. 


OREGON. 

Laws  of  1874,  page  101. 

AN  ACT  granting  to  the  Northern  Pacific  Railroad  Company,  a  cor- 
poration created  by,  and  existing  under,  the  laws  of  the  United 
States,  the  consent  of  the  State  of  Oregon  to  Construct  its  Railroad 
and  Telegraph  Line  within  the  limits  of  this  State. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of 
Oregon : 

Section  1.  That  the  consent  of  this  State  be,  and  is,  here- 
by given  to  the  Northern  Pacific  Railroad  Company,  a  cor- 
poration chartered  by  an  act  of  the  Congress  of  the  United 
States,  approved  July  2,  1864,  to  construct  its  road  and  tele- 
graph line,  or  any  portions  of  the  same,  within  the  bound- 
aries of  this  State,  and  to  enjoy,  within  said  boundaries,  the 
rights  and  privileges  which  said  corporation  has,  or  may 
have,  under  the  laws  of  the  United  States  by  virtue  of  said 
Act  of  Congress,  and  the  amendments  thereto ;  Provided 
That  nothing  herein,  or  in  any  law  of  this  State  contained, 
shall  be  so  construed  as  to  authorize  the  said  Northern  Pa- 
cific Railroad  Company  to  exclude  other  railroad  corpora- 
tions from  laying  down  a  track  within  the  limits  of  the  right 
of  way  allowed  to  said  Northern  Pacific  Railroad  Company 
in  mountain  or  river  passes,  where  there  is  not  otherwise 
room,  at  ordinary  and  reasonable  expense,  for  two  or  more 
roads. 

Sec.  2.   Said  Northern  Pacific  Railroad  Company  shall 


34 

not  be  assessed  for  taxation  upon  its  road,  right  of  way,  or 
the  materials  used  or  provided  for  use,  in  this  State,  in  the 
construction  of  its  road  or  telegraph  line,  except  upon  those 
portions  of  its  line  of  road  as  shall  be  so  far  completed  as  to 
be  thrown  open  to  public  use. 

Sec.  3.  Nothing  in  this  act  shall  have  the  effect,  or  be  so 
construed,  as  in  any  manner  interfering  with  or  obstructing 
the  location,  or  construction  of  the  Portland,  Dalles  and 
Salt  Lake  Kailroad,  or  any  section  thereof,  or  its  depots, 
stations,  or  side-tracks,  as  provided  by  an  Act  approved  the 
15th  day  of  October,  1872,  and  an  Act  approved  the  20th 
day  of  October,  1874. 

Approved,  October  28,  1874. 


